P GANESHAMMAL Vs. M JEGANATHAN

JUDGEMENT

(1.) Seeking to set aside the orders impugned passed in the applications filed by the defendants/petitioners requesting for amendment and permission to file additional written statement, these two civil revision petitions have been filed.

(2.) The respondents filed a suit against the petitioners for the relief of specific performance. According to the plaintiffs, the second petitioner entered into a sale agreement with the respondents and agreed to execute the sale deed within a period of one year from 19.8.1993 and on 28.5.1994, the second petitioner had received a sum of Rs.25,000/- and made an endorsement on the backside of the agreement and despite the notice dated 24.8.1995, the petitioners/defendants have not executed the sale deed. Hence, the suit has been filed in the year 1997. The written statement has been filed by the petitioners stating that the sale agreement is true, but the plaintiffs have not shown their readiness and willingness to get the sale deed executed and therefore, the suit is liable to be dismissed. After framing of the issues, the suit was taken up in the list for trial. At that stage, the petitioners filed two applications in I.A.No.190 of 2002 and I.A.No.191 of 2002 to receive additional written statement and to amend the written statement already filed stating that the endorsement made by the second petitioner on 28.5.1994 was a forged one. Since these applications have been objected to by the petitioners/respondents, the trial Court dismissed the same. Hence, these revision petitions.

(3.) According to the counsel for the petitioners, in the 4th paragraph of the first written statement filed on behalf of the defendants, they have wrongly stated that the averment contained in the plaint that the second defendant received a sum of Rs.25,000/- and endorsed the receipt in the agreement is admitted as true and correct and the word 'not' before the word 'admitted' had been by mistake omitted to be typed and as such, the additional written statement ought to have been entertained and opportunity must have been given to the petitioners/defendants to show that the endorsement dated 28.5.1994 was forged and as such, the suit is barred by limitation. The counsel would also cite the decisions in M/S. ESTRALLA RUBBER v. DASS ESTATE PVT. LTD. (2002(2) L.W.24) and SAMPATH KUMAR v. AYYAKANNU (2002(4) CTC 189) to show that the amendment petition can be filed at any time and mere delay cannot be a ground to reject the petition for amendment.